Opinion
November 23, 1970
Appeal from an order of the Family Court, Fulton County, entered on April 13, 1970, which dismissed a petition in a paternity proceeding. While the proof adduced might be sufficient to meet the requirement that the evidence be clear and convincing, this court is unable to make such determination without adequate findings which will permit intelligent review. The decision of the trial court in this case is grossly deficient. (See Matter of Gray v. Rose, 30 A.D.2d 138.) Accordingly, the determination of the appeal is withheld and the proceeding remitted to the Family Court of Fulton County for the making of new or additional findings, which shall be made and the record thereof filed with the clerk of this court on or before December 8, 1970. Counsel for the respective parties may file supplemental briefs on or before December 14, 1970, if they be so advised. Herlihy, P.J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.